46 U.S.C. § 31343 — Recording and discharging notices of claim of maritime lien
submitted 38 years ago by Pub. L. 100-710 to r/title-46-SHIPPING · 608 words · no verdicts yet
This section allows recorded notices of maritime-lien claims and sets their required contents, notice, discharge, expiration, and court challenges. It does not change the underlying law of maritime liens or defenses.
(a) Unless (d) applies, a lien claimant may record a notice with the Secretary for a documented vessel* or one with a documentation application. The notice must state* the lien’s nature, establishment date, amount, claimant’s name and address, and be signed and acknowledged. (b) The Secretary must record it when the claimant files a declaration that the notice is true to the signer’s knowledge and that copies were sent to the owner, every holder of an unexpired recorded lien notice, and every holder of an undischarged mortgage filed or recorded under section 31321. A nonindividual’s declaration must be signed by its president, member, partner, trustee, or authorized individual. (c) When the debt is fully discharged, the claimant must provide an acknowledged discharge certificate, which the Secretary must record. A federal district court has jurisdiction over an admiralty action declaring that the vessel* is not subject to the lien or notice, regardless of amount or citizenship; venue is where the vessel or claimant is, or where the notice is recorded. The court may award costs and attorney fees to the winner unless the other side was substantially justified or an award would be unjust, and the Secretary must record the declaration. (d) A lien on a vessel covered by a section 31322(d) preferred mortgage must be recorded and discharged under the law of the State of title. (e) A notice expires 3 years after the lien’s stated establishment date. After expiration and the owner’s request, the Secretary must annotate the title abstract. (f) This section does not change the law establishing maritime liens, their remedies, or defenses, including laches.
Except as provided under subsection (d) of this section, a person claiming a lien on a vessel* documented, or for which an application for documentation has been filed, under chapter 121 may record with the Secretary a notice of that person’s lien claim on the vessel. To be recordable, the notice must—
state* the nature of the lien;
state the date the lien was established;
state the amount of the lien;
state the name and address of the person; and
be signed and acknowledged.
The Secretary shall record a notice complying with subsection (a) of this section if, when the notice is presented to the Secretary for recording, the person having the claim files with the notice a declaration stating the following:
The information in the notice is true and correct to the best of the knowledge, information, and belief of the individual who signed it.
A copy of the notice, as presented for recordation, has been sent to each of the following:
The owner of the vessel.
Each person that recorded under subsection (a) of this section an unexpired notice of a claim of an undischarged lien on the vessel.
The mortgagee of each mortgage filed or recorded under section 31321 of this title that is an undischarged mortgage on the vessel.
A declaration under this subsection filed by a person that is not an individual must be signed by the president, member, partner, trustee, or other individual authorized to execute the declaration on behalf of the person.
On full and final discharge of the indebtedness that is the basis for a notice of claim of lien recorded under subsection (b) of this section, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate.
The district courts of the United States shall have jurisdiction over a civil action in Admiralty to declare that a vessel is not subject to a lien claimed under subsection (b) of this section, or that the vessel is not subject to the notice of claim of lien, or both, regardless of the amount in controversy or the citizenship of the parties. Venue in such an action shall be in the district where the vessel is found or where the claimant resides or where the notice of claim of lien is recorded. The court may award costs and attorneys fees to the prevailing party, unless the court finds that the position of the other party was substantially justified or other circumstances make an award of costs and attorneys fees unjust. The Secretary shall record any such declaratory order.
A person claiming a lien on a vessel covered by a preferred mortgage under section 31322(d) of this title must record and discharge the lien as provided by the law of the State in which the vessel is titled.
A notice of claim of lien recorded under subsection (b) of this section shall expire 3 years after the date the lien was established, as such date is stated in the notice under subsection (a) of this section.
On expiration of a notice of claim of lien under paragraph (1), and after a request by the vessel owner, the Secretary shall annotate the abstract of title to reflect the expiration of the lien.
This section does not alter in any respect the law pertaining to the establishment of a maritime lien, the remedy provided by such a lien, or the defenses thereto, including any defense under the doctrine of laches.
Source credit: (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 107–295, title II, § 205(a)(1), Nov. 25, 2002, 116 Stat. 2095; Pub. L. 111–281, title IX, § 913(a)(1), Oct. 15, 2010, 124 Stat. 3017; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8333, Jan. 1, 2021, 134 Stat. 4705.)
- 1988Enacted · Pub. L. 100-710 · 102 Stat. 4748
- 2002Amended · Pub. L. 107-295 · 116 Stat. 2095
- 2010Amended · Pub. L. 111-281 · 124 Stat. 3017
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4705
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-710 on 1988-11-23.
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